U.S.TRIPATHI, J. - (1.) This appeal has0 been directed against the judgment and order dated 8-9-1981 passed by the then 1st Additional Sessions Judge, Barielly in S. T. No. 79 of 1981 convicting the appellant Parmanand under Section 302 1. P. C. and appellant Hari Ram under Section 302 read with Section 341. P. C. and sentencing each of them to undergo imprisonment for life.
(2.) The prosecution story, briefly stated, was as under : Kundan Lai (50) deceased resident of village Siraura, P. S. Bhojipura, district Bareilly was real brother of Gendan Lai, the father of appellants Parmanand and Hari Ram. Gendan Lai had another son Hardwari. Kundan LaL had no male issue and had only one daughter named Smt. Nanhi, who was married with Ajudhia (P.W.I), resident of village Ashpur, P. S. Hafizganj, district Bareilly, Kundan Lai deceased was living separately from his brother Gendan Lal. Kundan Lai owned about 35 Bighas agricultural land, which was jointly recorded in his name and in the name of Gendan Lal, but each of them had got separated their share by mutual agreement. Kundan Lal had given his land on Batai (crop share basis) Since Kundan Lal had no male issue the appellants wanted to take his land and had also threatened him that in case he did not transfer his land in their favour they would kill him. On 1-4-1980 at about 12.30 P. M. appellant Parmanand again threatened Kundan Lai deceased to transfer his land in his favour otherwise he would kill him. Kundan Lai deceased had lodged report (Ext.Ka-17) of the said incident at police station Bhojipura.
(3.) Apprehending danger of his life at village Siraura, Kundan Lal deceased had come to his daughter's house at village Ashpur and was residing there after 1-4-1980. After a month of it Gendan Lal father of the appellants came to Kundan Lal at village Ashpur and apologized for mistake of his sons and asked him to go to his village but Kundan Lal deceased refused. Then Gendan Lal asked him to give his land to him on Batai. Kundan Lal deceased agreed to it and gave his land to Gendan Lal on Batai. Thereafter, Gendan Lal had sent wheat of his share to Kundan Lal deceased.;